"Well Deserved" Hotel Contest - Terms and Conditions

THE TABLET HOTELS “WELL DESERVED” CONTEST
OFFICIAL RULES

NO PURCHASE OR CONSIDERATION NECESSARY TO PARTICIPATE, ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in The Tablet Hotels “Well Deserved” Contest (the “Contest”), each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tablet Hotels (the “Sponsor”) and Votigo, Inc. (the “Administrator”), which shall be final and binding in all respects.

SPONSOR: Tablet Hotels, 6 West 18th Street, 5th Floor, New York, NY 10011

ADMINISTRATOR: Votigo, Inc., 1630 30^th St. STE A593, Boulder, CO 80301

DATES OF PROMOTION: The Tablet Hotels “Well Deserved” Contest (the “Contest”) starts at 12:00:01 AM Eastern Time (“ET”) on July 1, 2023 and ends at 11:59:59 PM ET on August 31, 2023 (the “Contest Period”). The Contest Period is divided into an entry period and a judging period. The entry period starts at 12:00:01 AM ET on July 1, 2023, and ends at 11:59:59 PM ET on July 31, 2023 (the “Entry Period”). The judging period starts at 12:00:01 AM ET on August 1, 2023 and ends at 11:59:59 PM ET on August 31, 2023 (the “Judging Period”).

ELIGIBILITY: The Prizes (as defined below) will only be awarded to a US resident 18 years of age or older (a “Nominee”). Nominees may only be nominated by legal residents of the United States and District of Columbia who are at least 18 years of age or older at the time of entry (the “Nominators”). Nominators are providing an entry on behalf of their Nominee, and the Nominee selected will receive the Grand Prize. Both the Nominee and Nominator will receive the First Prize. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live; or persons living in same household, whether related or not) of the Sponsor, Administrator and their subsidiaries and affiliated companies, advertising and promotion agencies, and any other entities directly associated with this Contest are not eligible to be a Nominator. Contest is subject to all applicable federal, state, provincial and local laws and regulations.

HOW TO ENTER: To nominate your Nominee, go to https://magazine.tablethotels.com/en/well-deserved-hotel-contest/ (the “Website”) during the Entry Period to access the entry form; complete the entry form with all required information, including your name and email address; and write an original essay of 50 to 500 words (in English) describing why the Nominee deserves to win the hotel stay (the “Essay”), and submit as instructed on-screen during the Entry Period to receive one (1) entry into the Contest (an “Entry”). Nominators must complete the entire Entry form in order to successfully enter into the Contest.

Entries must be received between July 1, 2023 at 12:00:01 AM ET and July 31, 2023 at 11:59:59 PM ET. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.tablethotels.com/en/privacy.

Limit, one entry per-person.

Entries may be posted to a public gallery within the Contest Website (the “Contest Gallery”). The Sponsor will review all submitted Entries prior to such Entries being published and reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules without any notification or warning. Posting to the Contest Gallery does not indicate the Entry has complied with the Official Rules. Sponsor reserves the right to post sample Entries it has created in connection with the Contest. Sponsor does not guarantee the posting of any Entry.

ESSAY REQUIREMENTS: The Essay you submit with your Entry must comply in all respects with the following or your Entry may be disqualified.

The Essay must be in English.
The Essay must be between 50 and 500 words in length.
The Essay must be Nominator’s own original work, executed solely by Nominator. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Nominator’s own work.
The Essay must not contain material that violates or infringes another person or entity’s rights, including but not limited to, privacy rights, rights of publicity, copyright or other intellectual property rights.
The Essay must not refer to the trademarks, brand names or product names of anyone other than Sponsor.
The Essay must not include the full names or other indicia identifying any person, living or dead, (other than historical or public persons) without permission.
The Essay must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, or any other information that may be used to contact or impersonate that individual.
The Essay must not: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) promote violence, bigotry, racism, hatred or harm against any group or individual; or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (c) promote gambling, alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be indecent, obscene, profane or pornographic; or (f) suggest or be in violation of any law.

By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry.

By submitting an Entry, Entrant warrants and represents that: (a) Entry and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to their Entry including without limitation and copyrights,; and (c) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.

ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):

Grand Prize: There is one (1) Grand Prize available to be won. The Grand Prize winner will receive a 4-night, 5-day stay at Sublime Samana (valued at $1200) plus a 1 year Plus membership (valued at $99). The entrant of the winning submission will receive a 1 year Plus membership as well (valued at $99) The ARV of the Grand Prize: $1,398 USD

First Prize: There are two (2) First Prize available to be won. The First Prize for the nominated person and entrant will be a 1 year Plus membership, respectively (valued at $99 each). The ARV of the First Prize: $198 USD

The total ARV of all prizes available to be won: $1,596

There is a limit of one (1) prize per person.

JUDGING & WINNER DETERMINATION: During the Judging Period all eligible Entries received during the Entry Period will be judged by a panel appointed by the Sponsor, who shall use the criteria set forth below:

Reflection of Theme (40%)
Creativity/Originality (20%)
Quality of Entry (40%)

The Nominee for the Entry that receives the highest total score based on the judging criteria will be deemed the potential Grand Prize winner and the Nominee and Nominator for the Entry that receives the second highest score will be deemed the potential First Prize winners. In the unlikely event of a tie, the tied Entry with the highest score in Criteria A, Reflection of Theme, will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criteria A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B and C, in sequence (to the extent needed) will determine the potential winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.

WINNER NOTIFICATION & VERIFICATION:

Grand Prize: Potential Grand Prize winners will be notified by the Sponsor via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, “the Releases”). Noncompliance will result in disqualification and an alternate winner will be selected.

First Prize: Potential First Prize winners will be notified by the Sponsor via email and/or phone, and will be required to respond within seven (7) days of notification. Noncompliance will result in disqualification and an alternate winner will be selected.

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Grand Prize Winner is responsible for all federal, state, provincial, local and income taxes associated with winning prize. If Grand Prize winner is a U.S. resident, he/she will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

GENERAL: Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Contest, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.

No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.

In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant and void any Entries of said person.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest.

Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Contest and any contest it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Manhattan County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Manhattan County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Manhattan County, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Administrator, for the purpose of administering this Contest and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.tablethotels.com/en/privacy.

WINNERS LIST: For a list of winners, available after September 30, 2023 for a period of thirty (30) days email winners@votigo.com with a subject of “Well Deserved Contest”